Common Law Essays (Examples)

Law in England Are Common Law Statute

law in England are: common law, statute law, subordinate legislation, custom, and European community law.

Common law: This is the cannon of law applying to the general swathes of law that are decided by the judges and adapted to changing times. Judges make its rules over the years that have relied on precedents of other cases and adapted preceding rulings to suit the circumstances of the present instance. Each new case, accordingly, develops the original principle a little further.

Examples of common law cases that moved the principle somewhat further was yland vs. Fletcher where it was decided that the neighbor could sue if water that escaped from a landowner's dam damaged his land. This principle was later used in succeeding cases.

Statute law (or Act of Parliament): This is law produced by Parliament whenever a new law is needed. Initially passing through various readings that debate and contest the…… [Read More]

Common Law Traditions

law tradition -- followed by most estern nations and others as well -- was originated in England during the Middle Ages, according to the School of Law at the University of California at Berkeley. hile the common law tradition became part of civil law in England, it was carried across the Atlantic by the first European settlers in the New orld. Generally speaking the common law concept is based on precedent, and the precedent set in England in the Middle Ages and carried through to today -- when referring to common law marriage -- is that after a couple has cohabitated for a certain number of years, they are to be considered legally married. In other words, common law (which entails far more than just marriage issues) is based on custom, or on precedent, rather than civil or ecclesiastical law.

Common Law -- hat is it?

The School of Law…… [Read More]

Common Law Fourth Amendment

Law Fourth Amendment

Common law affirmed that evidence even that which is obtained through illegal means was admissible and was never excluded simply because it was obtained through illegal means. Common law evidence of the guilt of a defendant provided complete defense against charges that a search was violating the rights of a defendant. The fourth amendment to the United States constitution was included as part of the Bill of ights on December 15, 1791.this amendment deals with the protection of people from searches that are done in their homes as well as their private property without a proper execution of a search warrant. The fourth amendment sates that 'The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, upon probable cause, supported by Oath or affirmation, and particularly describing the…… [Read More]

Resolving Private Disputes With the Common Law

Law in esolving Disputes among Private Citizens

Today, the common law as understood in the United States means the body of rules and principles that have been established over the centuries through countless judicial decisions that set precedents for future cases of a similar nature. Although the common law can change over time in response to social, political and economic forces, this body of law has provided a consistent framework in which disputes can be more easily and efficiently resolved by avoiding the need to "reinvent the wheel" every time a controversy over property or rights occurs. This paper reviews the relevant literature to determine the effectiveness of the common law in resolving disputes among private citizens, followed by a summary of the research and important findings concerning these issues in the conclusion.

eview and Discussion

According to the definition provided by Black's Law Dictionary (1990), the common law is…… [Read More]

Intrinsic Relationship Between Common Law Doctrines of

intrinsic relationship between common law doctrines of public and private nuisance and certain elements of contemporary legislation that pertain to public and private injury. Examples of the latter legislation include the Clean Air Act, the Clean Water Act, and other such mandates set up by the Environmental Protection Agency (McAdams, 2008, p. 57-58). In both of these instances, there is legislation regarding the infringement on the rights and access to quality of life for people. One of the primary distinctions between the aforementioned common law doctrines and official standards set by governmental agencies such as federal, state and municipal authorities is that the latter are recent or ongoing developments in legislation, whereas the former legislation was generally created and adopted significantly earlier.

When comparing these two different types of legislation that are germane to the quality of life and the rights thereof of both individuals and communities, it is necessary…… [Read More]

Statutory Law Define Common Law Include Examples

Statutory Law

Define Common law. Include examples and what U.S. Constitution amendments were implemented to protect the rights of businesses and organizations.

Common law is based upon the decisions from previous court cases. They are binding in all legal proceeding. These rulings establish consistency and stability in the way decisions are made within the U.S. legal system. A good example of this occurred with ehberg v. Paulk. In this Supreme Court decision, the chief investigator to a grand jury testified as to what they discovered. After the grand jury decided not to peruse charges, is when Paulk filed a civil claim against this individual. They allege that this party was conspiring with the District Attorney using false information. Moreover, the investigator knowingly lied to the grand jury in order to secure an indictment. ("ehberg v. Paulk," 2011) (Edline, 2007)

The Federal District Court refused to dismiss the motion because of…… [Read More]

Breach of Common Law and Statutory Duties

reach of Common Law and Statutory Duties Under the Corporations Act 2001

On 17 February 2012 uilders Hardware Ltd., made public a new share issue proposal. The Company also made it clear that this would only apply to those who registered their shares before 31 December 2003. This was done in a bid to lock out the Victoria-based Powertools Ltd. from acquiring uilders H. Ltd. The takeover issue resulted in the revelation that all was not well within uilders H. Ltd.; there is possibility that the directors might have breached common law and statutory duties as stipulated under the Corporations Act 2001. According to the Corporations Act 2001, company directors are subjected to a broad range of duties. Keenly examining these duties reveals many violations of the Act by Helen as an executive director, the entire management under the board of directors of uilders H. Ltd.

oard of Directors

The…… [Read More]

Environment of Business the Term Common Law

Environment of Business

The term "common law" refers to laws that are based on general legal principles and that derive from custom. In addition, the term "common law" refers to that body of law that has developed in the court systems, in situations where courts have been asked to resolve issues unaddressed by statutes. In this way, the common law can be said to be judge-made. In contrast, the term "statutory law" refers to those laws that have been written by legislators. They are formal, written laws. Where there is a statute, it is the applicable law, even if it differs from the law that would have been in effect under the common law. However, in most states, where there is no statute, the common law determines the outcome of a controversy.

9.

Although courts generally adhere to precedent, they will deviate from the rule of stare decisis in situations…… [Read More]

Issues in Common Law and Statutory Law

woman was arrested in 2010 for riding a non-motorized vehicle on an interstate highway as she was escaping flash food that had hit the state of Tennessee. At the time of the arrest, the state of Tennessee had been hit with record flooding, which forced many areas in the state to be subjected to flash flooding where water rose very rapidly. In light of the devastating impact of the flowing, an individual was able to move quickly using a non-motorized vehicle like a bicycle rather than on foot in order to escape the rising waters. The woman rode a bicycle onto a section of interstate highway until reaching a safe exit section in order to escape the rising waters near her home. She was arrested as she exited the highway because her actions violated regulations on safety on interstate highways. Actually, the woman's actions violated regulations by the National Transportation…… [Read More]

Common Law and Constitution

National Do-Not-Call egistry and the CAN SPAM Act are both attempts to protect individuals from corporate marketing strategies. The National Do-Not-Call-egistry attempts to limit the ability of corporations to place unsolicited commercial calls to consumers, by allowing consumers to register up to three numbers on a Do-Not-Call list. Charities and political organizations are exempt from the list. The CAN SPAM Act is aimed at preventing spam email. While these laws may seem like a relief to consumers overwhelmed by marketing attempts in what they consider their private spaces, corporations have alleged that these laws are unconstitutional.

The constitutional right at the heart of the debate is the freedom of speech. The corporations allege that these laws abridge their freedom of speech. The First Amendment's guarantee of freedom of speech is one that can be limited in the face of a substantial government interest. This is the case for certain categories…… [Read More]

Common Law and Torts

American legal system consists of two types of cases, civil and criminal. Civil and criminal cases differ greatly from each other but also may share similarities in certain situations. Crimes are typically viewed as offenses against the state. These offenses are then prosecuted by the state. Civil cases are generally disputes between individuals or companies regarding the legal obligations and responsibilities owed between one another. Herein lies the main difference. Along with this there are several others to be discussed. In an uncommon case, the same conduct can produce civil and criminal liability.

How the system works is criminal law deals with looking after the interests of the public as a whole. This may involve punishing and rehabilitating offenders, as well as protecting society from harmful people. The government enlists the assistance of the police and prosecutor to put the criminal law into effect. How the government affords these services…… [Read More]

Common Law Traditions

Virginia's State Court System

The state of Virginia's court system is structure in a way that is similar to, though not identical to, the federal court system in the United States. "The present system consists of four levels of courts: the Supreme Court, the Court of Appeals, the circuit courts, and the district courts. In addition, magistrates serve as judicial officers with authority to issue various types of processes. The courts are organized into 31 judicial circuits and 32 similar judicial districts" (State of Virginia, 2011). As with most U.S. court systems, review moves upwards from the lowest level of courts (the trial courts) to the Supreme Court level.

The most basic trial court in Virginia is the magistrate court. "A principal function of the magistrate is to provide an independent, unbiased review of complaints brought to the office by police officers, sheriffs, deputies, and citizens. Magistrate duties include issuing…… [Read More]

Law Enforcement - Dubious Value

Moreover, the risks posed by felons with known propensities (or stated intentions) to respond violently to law enforcement apprehension efforts are usually subject to judicially approved no-knock arrest warrants; therefore, they can be excepted from this particular element of analysis.

However, a subject who is forewarned of officers' intention to breach his home's entrance by the amount of time required by knock and announce standards presents the worst case scenario for all involved: he may be insufficiently startled to preclude any response on his part in the manner of a subject who is completely surprised (or fast asleep) at the moment of entry; but he may have just enough time to reach reflexively for stowed or secreted weapon while at the same time being deprived of sufficient reaction time and/or cognitive awareness to perceive the inadvisability of doing so under the circumstances, with deadly results. Stated very simply, a startled…… [Read More]

Law Terms

Promissory estoppel is a term in the common law doctrine that is used by courts to implement promises made and consequently relied upon. This law doctrine is usually used when there is no formal contract though the involved parties have acted as if there is such a contract. As courts dictates the terms of how these promises should be implemented, they use this doctrine to enforce contract on the agreement in the interest of fairness. Notably, this doctrine emerges when injustice can be prevented only by the enforcement of a promise that could be unenforceable due to lack of consideration. In most cases, promissory estoppels doctrine is applicable in the context of charitable donations.

When this law doctrine is used, the promisee's reliance is regarded as an adequate and independent basis with which the promise is enforced. As a result, the doctrine can be seen as a legal advice that…… [Read More]

Laws and Extra Legal Doctrines

Rule of Law and Extra-Legal Doctrines

The rule of law does not need to be supported or expanded by "extra-legal" doctrines of morality. The laws as they exist today in this country are based upon a system of morality that has evolved over thousands of years. Our laws embody this system of morality and do not need to be supported by other doctrines of morality. Moral notions of good and bad laws exist to prevent the government from abusing the rights of its citizens. In order for the rule of law to allow a government to exercise power, governments should not execute laws in arbitrary fashion. Those who make and enforce the law are themselves bound to adhere to it. "The legislative department shall never exercise the executive and judicial powers or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the…… [Read More]

Law and Business When Glenn

During this Diaspora, the African Slave Trade transferred 9-12 million people from one continent to another with major repercussions on cultural and political traditions in the New World. There have been a number of modern Diasporas based on the post-Cold War world in which huge populations of refugees migrated from conflict, especially from developing countries (Southeast Asia, China, Afghanistan, Iran, Latin America, South American, Rwanda, etc.).

Part 1.2.1 - Civil Law is a legal system inspired by Ancient Roman law. In Civil law, laws are written into a codified collection that is a group of ideas and systems that work in tandem to help organize societies without the need for judicial interpretation. Overall, civil law is in place to formulate general principles and to distinguish substantive rules from procedural rules, and is based on the tenet that legislation is the primary source of law.

Conceptually, civil law is a group…… [Read More]

Laws That Cover Employment Discrimination

Under the provisions of Title VII, all employers involved in interstate commerce with more than 15 employees are prohibited from discriminating against their employees on the basis of race, color, religion, sex or national origin. Title VII makes it illegal for employers and labor unions to discriminate in relation to hiring, discharging, compensating, or in providing the terms, the conditions, and privileges of employment.

Actions pursued under Title VII are involved a different course of action from those filed under §1981. §1981 actions can be filed directly in the trial court while Title VII actions must first be filed with the Equal Employment Opportunity Commission (EEOC). This is an informal process, initially, and requires that the aggrieved party meet with an EEOC counselor. The counselor will advise the party of his or her alternatives which include traditional counseling or alternative dispute resolution. The injured party will make a determination as…… [Read More]

Law of Contract Elements of a Contract

Contract

Elements of a Contract

The Contract: Overview

Fabulous Hotel has engaged my services as an employee (my position being that if head chef) under an employment contract that spans two years. Two years down the line, another hotel could be interested in my services. The problem is; the employment contract cited above has a paragraph that reads as follows:

"The below-signed agrees not to work as a chef for another hotel in the same metropolitan area for a period of two years after leaving our employ."

Of key importance in this case is whether the said contract is enforceable. What are the elements that this particular contract must meet for it to be enforceable? Are there any circumstances where this agreement would be unenforceable? These are some of the issues that will be addressed in the subsequent sections of this text.

Elements of a Valid Contract: Discussion in elation…… [Read More]

Common vs Statutory Law

Parental ights

At issue is whether a court ruled the right way when custody rights were assigned to a parent who was, legally, a step-parent. Indeed, the man in question was married to his wife and the wife had a child with another man. Because the biological parent was absent from the situation, the step-father was indeed the "father" based on presence, financial support and so forth. Further, it is noted in the case study that the step-dad treated his step-child with the same deference, respect and care as his twin children, which are both legally and biologically his. The question because whether that entitles him to legal and/or visitation rights.

uling

The step-father was initially awarded both legal rights and visitation. However, the former of those two was later rescinded and he only was given visitation rights in the end. The mother was pressing for the step-father to have…… [Read More]

Law Help Protect the Environment and What

law help protect the environment and what steps can citizens take to ensure that the law accomplishes this goal?

Protection of the environment is important for our health, but humans affect the system through various means such as through polluting water and atmosphere with toxic gasses, with oil, with car fuels, and with debris that is plunked into the waters as well as depleting the fisheries and filling the air with smog and the earth with pollution.

It is for this reason that legislation is put into effect to curb our destruction and to teach us how to look after the environment in better ways. The state employs its own regulations, but it needs a synthesis of both state, business and citizen involvement to safeguard the environment, and motivation from both business and citizen is not always forthcoming. The following essay discusses policies that have been implemented to help protect…… [Read More]

Law Enforcement and Corrections

Law enforcement and corrections can be influenced by several external threats. These consist of external communication gaps and many environmental influences. One of the key external threats that impacts both corrections and law enforcement is politics. In delineation, politics is the art of wielding one's authority and power over the government or public affairs. In particular, political action can give rise to the imposition of one's interests within the government, in positions of leadership within the government, with regard to the control over resources, as well as in terms of holding government office. Politics influence law enforcement and corrections by impacting the individuals that will hold different positions in criminal justice, for instance the police, judges, prosecutors as well as correctional executives. Law enforcement, administration, and corrections are linked with politics on various extents and levels. Prevailing political philosophy and ideology influence the structure, organization, as well as anticipation of…… [Read More]

Law in Ancient Times Comparison

If the purpose of law is to maintain the order of society yielding the best possible circumstance for each individual man, woman, and child, then the argument arises as to whether such direct revenge is actually conducive to preventing further disorders. Revenge can easily run in endless cycles, and fear of punishment may not in and of itself be any deterrent at all, in particular if the act which is to be punished was committed in the heat of passion or without premeditation. Philosophers of law and ethics have long discussed the precise nature of the divine code that was given to Moses. On a fundamental level, there exists the question as to whether these laws are immutable expressions of an unchanging natural order such as has always existed, or whether these Mosaic laws represent merely the decrees of God that are applicable to a particular, time, place, or situation.…… [Read More]

Laws Governing Business Entities Laws Governing Business

Laws Governing Business Entities

Laws Governing Business Organizations

Every business organization in a developed market is governed by laws, which are rather closely monitored to ensure the good fairing of the organization in the business market. Such laws provide for the standard form of the generally established legal entities in the worldwide economy. Such defined entities include, partnerships (general and limited), Limited Liability Company, cooperatives among others. This document outlines such laws and consequently defines their importance in performance of any organization or company established in a stable and developed business economy.

Organization By-laws

laws of most companies and organizations are articulated as below. This list provided below generalizes what is common and basic to most of the organizations or rather legal entities.

Every business organization should specify its official name to ensure proper identification with the concerned legal authorities. Each company has its own specific name, which is considered…… [Read More]

Law Comm Tech Innovations in Database Communication

law comm. tech

Innovations in Database Communication Technologies for Law Enforcement

The proliferation of computer, digital and web technology have all had a significant impact on how civil and public administration functions are performed. The ability to engage in real-time communication through an array of media, the opportunity to access enormous databases of information from the field and the capacity to capture sound, video, photo and other data all have enhanced productivity, efficiency and sophistication in many fields of great sociological importance. Certainly, few functions of public administration are more important than law enforcement and the administration of justice. Here, we consider some of the technological innovations in computer databasing that have had a direct impact on the way that police officers perform their job responsibilities with a specific focus on the enhanced communication opportunities emerging in the field.

Mobile Data Terminals and Facial Recognition:

Both Mobile Data Terminals and…… [Read More]

Laws Relating to Different Businesses Laws Related

Laws elating to Different Businesses

Laws elated to Different Businesses

Entrepreneurship is the hallmark of the U.S. economy and more people are starting their own ventures today than ever before. While starting a business, one of the most overlooked aspect is the laws and legal requirements. A good amount of time and effort should be spent on understanding and implementing these related laws because they will make the operations and expansion easy in the future.

Federal, State and Local Agencies

The exact agencies and laws that govern your business depend upon its nature. Starting a pizza business comes with permits and licenses from different health agencies. The local health department of your city or county is responsible for issuing a permit, requesting an inspection or filing a complaint. Your business also needs a business license or tax permit from the city or county revenue department (SBA, 2011). For a web…… [Read More]

Laws of Power Win Through

This created silent enemies whose sole purpose is to make that person look like a complete and total loser. Therefore, restoring the balance that was lost and feeling better about them while you are left feeling degraded and humiliated about what happened. On the other hand, the lesson is often learned the hard way and one can see that it does not pay often times to stick out in the crowd. There are those that thrive in the monotony of it all being predictable. If one follows the leader than no harm can come to them and balance is once again restored. It never works trying to appear better than those that you seek support from, they end up feeling as if you only want their support because you in fact think in some way you are better than they are. This is a sure way to keep people from…… [Read More]

Law Enforcement Group Productivity as

Second, I would look at whether I had provided my subordinates with a common purpose, and whether I had taken the time to explain that purpose to my subordinates. Third, I would determine whether I had ensured that my subordinates understood priorities, both my priorities and the priorities of my superiors. Fourth, I would examine my methods of confliction resolution to determine whether I had been using a win-win method of conflict resolution or if I had been adhering to older, punitive means of conflict resolution. Fifth, I would examine my policy towards my subordinates; did I listen to them when they came to me with problems, or did I try to offer solutions without really hearing what they had to say. Sixth, I would look at what I had done to promote synergy; whether I had done anything to actively encourage community cooperation with my organization. Finally, I would…… [Read More]

Law Enforcement Communications Interoperability of Emergency Service

Law Enforcement Communications

Interoperability of Emergency Service Communications

The number and scope of each individual emergency and public safety agency has resulted in an ad hoc patchwork of communication equipment. Routine daily needs within one agency for clear and concise communication fall short of readiness for large-scale emergencies involving either multiple services or jurisdictions. The current budgeting autonomy of each public service department has resulted in a many agencies with antiquated equipment, while others posses more modern tools, that may sufficiently serve current needs, yet is clearly inadequate for more common emergencies like large fires or traffic pile ups. However, interoperability, the capability to communicate across different gear, radio frequencies, and standardization, both limits and delays the response time, as well as effectiveness, of each individual. hen emergencies entail injuries and danger, timely command and communication of resources may be the difference between life and death.

The video, "hy Can't…… [Read More]

Law Enforcement How Technology Is

"After September 2001 law enforcement agencies realized the potential devastation and chaos an act of terrorism can cause. The Council was created to improve the ability of the Police Department to respond to a situation and educate the Department and the community." (ichmond Police Department, 2004)

Police departments have had to become terrorist experts. The Homeland Security Terrorism Advisory Council for example is a collaboration of sworn officers and civilian employees with diverse backgrounds. Many of these members are or were leading members of specially trained units or have extensive training in SWAT, bomb technology, military assault, hazmat crime analysis, international terrorism intelligence, strategic planning and many other legal units such as basic attorneys. Through technology and experience, the Homeland Security Terrorism Advisory Council should be able to identify, acquire, plan, and advise on terroristic crisis. With this knowledge base the unit should be able to therefore anticipate, prevent, and…… [Read More]

U S Laws Americans Have Been Gathering Together

U.S. Laws

Americans have been gathering together to make laws since the colonial times. This process is continued today in order to maintain a well-regulated society. Even though specific procedures for creating law have developed over time, democratic law-making remains marked by a necessitate to have the approval of the people, a system of checks and balances, and public policy elasticity matched to the problems of time and place (Bakken, n.d.).

This everyday law-making process is part of a historical development that is English in origin. When English colonists in colonial America put into practice the law-making heritage that they brought with them, they made definite changes to suit their new surroundings. The King of England granted charters to individual landowners and joint stock companies of entrepreneurs for the various colonies affording varying degrees of law-making power, but all English colonists had law without current charters and colonial statutes. They…… [Read More]

Criminal Laws in the United States Are

Criminal laws in the United States are largely and totally considered as the result of the constitutional authority and legislative bodies that enact them. The American constitution normally provides the basis for the development of legislative agencies that are empowered to criminal and other legislations. For instance, the country's constitution has established the Congress and provides it with the power to make laws. The importance of the Constitution to the substantive criminal law is evident from the fact that it establishes limits on the definitions of crime. In most cases, the criminal laws of specific states and federal governments as well as the definition of crimes and their respective penalties are found in the penal codes of every jurisdiction. The establishment of criminal legislations in the United States has evolved through the years and is based on several fundamental principles.

Creation of Laws in the United States:

Most of the…… [Read More]

Legal Traditions in American Law

Common-law judges rely on their predecessors' decisions of actual controversies, rather than on abstract codes or texts, to guide them in applying the law" (Common law, 2008, law library). The law evolves with custom and interpretation, rather than remains fixed in stone.

Common law may be contrasted with civil law, which predominates in France and has had less influence on the law of the United States, except in Louisiana. Louisiana judges, unlike their common-law counterparts, are not bound to consider judicial precedent first, but may do so as an option. France exported the system of civil law to America when it established Louisiana as a colony in 1712. Even today, "the first article of the Louisiana Civil Code reads: 'The sources of law are legislation and custom' (LA C.C. Art. 1). This means that judges in Louisiana are obligated to look first to written laws for guidance in reaching their…… [Read More]

Company Law the Functions of Company Law

Company Law

The functions of company law

What is covered in the company law?

The legal implications of 'pre-registration contracts'

The Australian corporate law has seen major reforms in the last couple of years (Tomasic, Bottomley & McQueen,2002). For instance, section 131 of the Corporations Act 2001 dealing with pre-registration contracts is no-longer necessary. This is clearly illustrated by the lack of reported cases since the introduction of provisions for pre-registration contracts into the legislation. The provisions may have been relevant, even important, in a time when there were no shelf companies and we did not have the technology we have today. As this is no-longer the case it is time we simply reverted back to the common law on pre-registration contracts. The common law would make it simpler for the promoter, the company and the third party when making contracts let alone on matters of contractual liability. The purpose…… [Read More]

Stand Your Ground Law 'Stand Your Ground'

Stand Your Ground Law

'Stand your ground' laws

To inform

tand your ground' laws are extremely controversial pieces of legislation.

Attention-getter: 'A man's home is his castle.' How often have we heard this phrase? This concept is at the foundation of the right to defend yourself by using deadly force against an intruder who invades your home. However, recent laws have expanded the 'castle doctrine' and other, existing self-defense laws. Many of these new laws are called 'stand your ground' laws, the most liberal of which exists in Florida.

It is important to gain a historical perspective on 'stand your ground' laws to understand the controversy

tand your ground' laws are extremely polarizing pieces of legislation.

Credibility statement:

My interest in this topic arose during the George Zimmerman murder trial, in which Zimmerman (a member of a neighborhood watch) was accused of killing an unarmed teenager named Trayvon Martin.

Zimmerman…… [Read More]

Functions of Due Process in the Criminal Law System

Criminal Law Due Process

Due process is an essential guarantee of basic fairness for citizens based on law. It has two basic goals; to produce accurate results through fair procedure to prevent wrongful deprivation of interests and to make people feel the government treated them fairly by listening to their side of the story (Procedural Due Process). Due process requires fair procedures when governments take actions against citizens, whether it is the federal government or a state government that is taking action.

Due process is divided into two categories, substantive due process and procedural due process (Due Process of Law - Substantive due Process, Procedural Due Process, Further Reading, 2013). Substantive law creates, defines, and regulates rights. Substantive due process makes the laws that give rights to citizens by due processes. Procedural law enforces those rights or seeks redress for violation of those rights. Evidence presented against a citizen will…… [Read More]

Gilbert's Summaries Contracts the Law

Not all offense levels are entitled to a jury trial and each jurisdiction has its own standard in this regard. As a general rule, however, any offense involving the possibility of incarceration as a sanction is entitled to the benefit of a jury trial. This same standard is applicable, as well, to the right of every defendant to be represented by counsel. In all cases, regardless of the seriousness of the offense, the rules of criminal procedure grant the defendant the right to confront any and all witnesses involved in the formation of the charges against him. This right includes the right to cross-examine all such witnesses and to require their attendance at trial through the use of a subpoena.

The distinguishing factor that separates criminal trials from civil ones is the burden of proof. Criminal Procedure in all U.S. jurisdictions requires that guilt in the criminal court is based…… [Read More]

Impact of Neoliberalistic Legal Concepts on Nations With Distinct Legal Tradition Socialist Civil Common

Neo-Liberalistic Legal Concepts on Nations ith Distinct Legal Tradition (Common, Civil, Socialist)

This review of the related literature focuses on broad definitions of the law as historically legislated and then as practiced in three countries: Malaysia, Indonesia and China. Common law, civil law and socialist law will be defined separately and then as they each apply to the country which has used that system as its focus for legal practice. The effect that neo-liberalism had after the Asian financial crisis on these three nations will be then be examined. Finally, this review will determine if there has been a change post-crisis in merger and acquisition or public finance law.

Definitions

It is necessary to begin by defining terms that will occur throughout this review. The three systems of law to be initially discussed in the review are common law, civil law and socialist law. Of course, many dispute the fact…… [Read More]

Wills Outline of Gilbert Law

E.

Revival of revoked wills. In most cases, a revoked will is not revivable unless it is reexecuted or revived by codicil; however, if a revoked will was destroyed, it cannot be revived in this fashion.

F.

Dependent relative revocation. These are mistakes of law made by the testator concerning the disposition of property that can be disregarded in the administration of a will.

Components of a Will

A.

Integration. This term refers to the collation of various sheets of paper into a cohesive whole which constitutes a single, entire will which is executed via a single act.

B.

Incorporation by reference. A majority of states allow documents that were not integrated into the single, entire will to receive the same force and effect by referencing them in the will.

C.

Facts of independent significance. This term refers to the description of intended beneficiaries or bequests in a will that…… [Read More]

Origins and Characteristics of the Law and Legal Systems of the United States

Origins and Characteristics of the Law and Legal Systems in the U.S.

The Origins and Characteristics of the Law

and Legal Systems in the United States

The origins and characteristics of the law and legal systems of the United States

It is a commonplace observation to state that the Declaration of Independence and The Constitution of the U.S. are the origin of and provide the characteristics of the legal systems of the U.S. But in order to truly understand the ideas behind these landmark legal documents one must delve deeper into history. What of the texts that influenced America's Founding Fathers? Most may know that the Magna Charta, the English charter from the year 1215, was an influence. But the English weren't the only influential opinion-makers for revolutionary Americans. The Scottish and the French were too. The Scottish Declaration of Arbroath, for example, has been linked by scholars as an…… [Read More]

Canadian Business and the Law Does Canada

Canadian Business and the Law

Does Canada have too much business law?

This is paper is based on the Canadian business law and all the information so mentioned are related to the book titled "Canadian Business and the Law" which is written by authors Dorothy DuPlessis, Steven Enman, Sally Gunz and Shannon O'Byrne. This text forms the single source of reference for this study.

Two topics will be discussed based on what this paper is about, and they will include; the most important aspects of the Canadian legal system for businesses operating there and secondly the relationship between business ethics and the law in business in the Canadian context.

Important aspects of the Canadian legal system for business

It is always an important topic when discussing about doing business in Canada; the legal system has a very huge impact on commerce in the country and generally it influences on how…… [Read More]

United States Has Had Varying Sales Laws

United States has had varying sales laws across its states thus making interstate sales contracts difficult to initiate and monitor. In this regard, following the increasing complexity of these contracts, attempts were made to create a multidisciplinary body of regulations regarding business transactions; this led to UCC's formation in the 1940s. Therefore, this paper highlights scenarios where the regulations outlined in the UCC are applicable.

Maurice Suing the Developer

Merely because the developer plans to adjoin his property with Maurice's does not make Maurice liable to sue him. By acting upon the developer's claim, Maurice is likely to sue for reliance; the promise that once the developer's property comes next to his, he will reap benefits but the developer changes his position. Maurice's reliance is not reasonable since he never had a contract with the developer; by the basis of adjoining his property with Maurice does not make the developer…… [Read More]

Business Employment Law Hernandez v

It is hard to argue with the legitimacy of that consideration.

Employees have a reasonable expectation of privacy in the workplace, but that right has limits. Employers are not prevented from conducting some hidden surveillance in an employee's office as long as it is for legitimate business concerns. An employer may have sound reasons for monitoring the workplace and an intrusion upon the employee's reasonable privacy expectations may not be actionable under certain circumstances.

The impact of this case is simply that while employees do have a right of privacy at work from the outside world, they don't necessarily have that right from their employers. Employers have the right to defend and maintain their business enterprise and if that entails using hidden cameras or surveillance equipment, then the Court has said that they can do this. The sticking point is that it has to be done if a reasonable manner…… [Read More]

Acquisition Law

Acquisition Law on the Motorways

According to the Uniform Commercial Code (UCC), the sales transaction of a $60,000 Corvette automobile is a valid agreement to contract based on the material term of the bargained for exchange, with definite terms of recovery where not fulfilled by both parties. Definition of the contract as 'formal' is assumed here, yet other negotiable instruments and letters of credit may be involved where the Buyer stipulates inclusion of a third party lender in support of payment on the contract to the Offeror in full. The unknown factor related to the third party terms and enforceability is included as mention, rather than rule due to omission.

The UCC stresses bilateral agreement over unilateral promise, delineated by "manner of acceptance," in that it states that "the bargain of the parties in fact as found in their language or by implication from other circumstances including course of dealing…… [Read More]

Company Law Once a Public Company Is

Company Law

once a public company is incorporated all duties of the promoter and potential liabilities end, including any regarding a pre-registration contract as per s 131 Corporations Act 2001. Discuss the truth of this statement

It is essential to define the term in discussion and its relation to the subject at hand. Who is this promoter? The promoter is not fixed into a definition within the Corporations Act nor within the confines of common law. However, the court recognizes the promoter as a term used in business. Therefore, the term promoter has a vast meaning that enables it to allow flexibility for persons within the scope of law on promoters. Promoters are the persons actively involved in the process of founding a company (Symon, 2006 p 19). The typical duties of the promoter include the ability to negotiate preliminary agreements and construction of the constitution for the company. They…… [Read More]

Business Law and Enforcing Contracts

Whichever party files the claim has the initial burden to establish that a valid contract existed (Halbert & Ingulli, 2009). In that regard, any credible evidence such as a tape recording of the original telephone call or of any subsequent calls referring to the existence of the agreement will suffice to establish the existence of a valid enforceable verbal contract for services to be provided by Eddie. Credible testimony in court from witnesses who actually heard the conversation or to whom either party admitted the existence of the agreement would also establish the existence of a valid and enforceable contract (Halbert & Ingulli, 2008).

If Eddie breaches, Grace would be seeking the remedy of the compensation for any benefit of the bargain lost, such as where she subsequently ends up paying more for the same services. If Grace breaches, Eddie would be seeking his lost profit from the sale of…… [Read More]

English Legal System the Law

For example, the Parliament passed the "Year and a Day ule" Act in 1996 that changed the previous murder and manslaughter law that specified that a person could be charged with murder or manslaughter if the victim died within a year and a day of receiving his injuries. The change was made to reflect modern development in medical science, which enabled injured people to remain alive for longer periods.

Changes in the UK laws have also reflected the growing strength of the egalitarian ideal over the last two centuries. It has led to changes in laws that have encouraged the gradual emancipation of married women and the prohibition of discrimination based on race or sex. For instance, an old law applicable until recently did not allow married women to refuse sex with her husband. However, in . v (1991), the House of Lords decided that if a wife did not…… [Read More]

Damages the Law of Damages

Under tort law, injured parties are entitled to compensatory damages which include both general damages for pain and suffering and disfigurement and special damages which include payment for loss of past and future earnings and past and future medical expenses. The awarding of compensatory damages is totally within the discretion of the jury. Under the common law, the plaintiff is entitled to a single lump sum payment. Some states have begun to limit the amount that plaintiffs can receive as a result of a personal injury or wrongful death due to the present political unpopularity of personal injury actions.

Other affected by the losses caused by personal injury actions are also entitled to seek recovery. Some examples of such individuals include spouses, children, employers of the injured party. The damages available for such individuals vary depending on the circumstances of the relationships and how the relationship is affected.

VIII. Fraud…… [Read More]

Australian Law on Torts and

This provision is based on the rationale that general damages do not represent financial loss to the injured person. A number of changes have also been made to the law in respect to assessment of damages for past and future economic loss.

4. The maximum amount of damages for economic loss due to loss of earnings or the deprivation or impairment of earning capacity is fixed at a rate of three times the average weekly earnings in New South Wales for the most recent quarter occurring before the date of the award.

5. Future economic loss predictions, for the purpose of making an award, must be based on assumptions that accord with the claimant's most likely future circumstances but for the injury. If the court makes an award for future economic loss, it must adjust the amount determined by reference to the percentage possibility that, but for the injury, certain…… [Read More]

Gilbert Law Evidence Gilbert Law

This type of evidence includes perception and memory, is subjective, and can be inaccurate. Almost all evidence must be sponsored by a witness who has sworn or solemnly affirmed to tell the truth. All persons are presumed to be qualified to serve as witnesses in trials and other legal proceedings, and all persons are also presumed to have a legal obligation to serve as witnesses if their testimony is sought. Witnesses are generally required to give their testimony in the form of statements regarding what they saw, heard, felt, tasted, or smelled, and they are generally forbidden to express opinion or draw conclusions. A person who is not testifying as an expert will be allowed to present an opinion as testimony if his opinion is both rationally based on his perception and helpful to an understanding of his testimony. Opinions of a competent layperson are specifically permitted by rule, statute,…… [Read More]

Exxon Valdez Case Analysis Common

Like most litigations on such complicated issues the company had little to do but show reasonable accommodation, adopt better surface practices and wait out a lengthy period before their liability was reduced substantially by the courts.

Ethical analysis:

The key ethical issues of the case are pretty clear, did the captain knowingly endanger the environment by continuing to retain his position and navigate tankers through the area and did the company know that such was the case. Both ethical dilemmas are clear and were ruled upon by many hours of court time and subsequent appeals, though the final Supreme Court ruling on Exxon's liability for the spill was split 4:4 every other deciding body laid full responsibility on Exxon's lap. ("Exxon Valdez Damages educed," June 2008, NP). An additional ethical issue, though much less openly understood or known by the average American is weather it was ethical to pay fishermen…… [Read More]

Criminal Justice Stand Your Ground Law

Of even more significance is that twelve states go ahead to extend litigation costs and attorney fees "to a shooter who prevails in a civil lawsuit, creating a strong disincentive for a shooting victim to pursue justice in the civil system" (Mayors against Illegal Guns 6)

The Reach of Stand Your Ground Law

Although the Stand Your Ground Law is largely and extensively linked to Martin's case, a 2012 investigation by Tampa Bay Times revealed that "the Martin incident is far from the only example of the law's reach" (Lee). The relevance of this law as a major factor in judges' decisions, acquittals, and prosecutors' decisions, some of which involved cases that did not result in the victim's death, cannot be overstated (Lee).

In 2012, a Louisiana court acquitted Byron Thomas of all charges relating to an incident in which the 21-year-old, after a marijuana transaction turned sour, opened fire,…… [Read More]

International Business Law There Are

In this particular case all three apply, because the Lloyds would take advantage of the age of the elder undy to exert pressure on him to sign the note.

Description of How the Law Applied to the Facts

The court applied four factors of the law to this case these include: that terms of the agreement were unfair, there were undue amount of pressure exerted, undy's bargaining power was severely limited and there was a lack of having independent financial advice. Together, these different principals of the law would lead the court to determine that an inequality of bargaining power existed. Under these different areas, undy was not of sound mind to make an accurate determination as to what was the right decision. Under the principals of English law, one is not obligated to agreements that were made without independent financial advice and there was property that was transferred. In…… [Read More]

Business Foundations of Business Law

If a person to whom a ring is given can prove all three of these elements, then a court is likely to deem the ring to be a gift. Thus Heathcliff would have no claim to the ring at a future date in time.

eferences

"Alternative Dispute esolution - Guide to Alternative Dispute esolution Law," 2010, viewed 25 August 2010,

"Australian Family Law," 2010, viewed 25 August 2010,

< http://www.familycourt.gov.au/wps/wcm/connect/FCOA/home/about/FCoA/AFL_Overview>

"Australian Legal System Lecture 2 Case Law," n.d., viewed 25 August 2010, < http://www.google.com/url?sa=t&source=web&cd=9&ved=0CDEQFjAI&url=http%3A%2F%2Fwww.scribd.com%2Fdoc%2F36157559%2FTopic-2-The-Australian-Legal-System-20209&rct=j&q=Australian%20Legal%20System%20Lecture%202%20Case%20Law%20&ei=Njp1TI-AG4GAnwf3lI2kBg&usg=AFQjCNF4mVEaS2T-O84YTsbnHjkBn2TLGw&cad=rja>

"Lecture Five: Principle of Precedent," n.d., viewed 25 August 2010,

"Marriage Act,"1961, viewed 25 August 2010, < http://www.austlii.edu.au/cgi-bin/sinodisp/au/legis/cth/consol_act/ma196185/s111a.html?stem=0&synonyms=0&query=s111A>

"Top 2 The Australian Legal System," n.d., viewed 25 August 2010, < http://www.scribd.com/doc/36157559/Topic-2-The-Australian-Legal-System-20209>… [Read More]

People Obey or Disobey the Law Many

people obey or disobey the law?

Many individuals are inclined to feel that the modern society is too rigid and controlling because of the numerous laws that have been imposed through the years. These people consider that humanity was meant to be free and that a free society would function much better than one that obliges its members to take on particular attitudes. However, the truth is that humans are probable to trigger chaos if they are not controlled by a solid system of legislations. This means that a healthy social order would have to understand and respect laws in order for people to be able to live in peace.

Although law is one of the principal tools that assisted mankind in experiencing progress, many communities in the contemporary society have differing understandings of particular laws. hile it might seem that the whole world can act in agreement with a…… [Read More]

Historical Influence on Current Criminal Law

criminal justice. Each question must be 300 words long.

Identify the requirements for the insanity plea in your jurisdiction and contrast this with the M'Naghten standard, the Brawner standard, ALI standard, and the Durham rule. Identify similarities and differences. Support you response with examples from your research and reading assignment.

In the 1843 case of the United Kingdom House of Lords Decisions of Daniel M'Naghten's, the court determined that an insanity plea to would hinge on whether the defendant knew what he was doing, or, if he did know what he was doing, did he know that it was wrong. In 1972,the U.S. v. Brawner case in the D.C. Circuit Court of Appeals determined not to involve the jury in the determination of the defendant's mental state. This decision was grounded in the ALI test of a Model Penal Code. The Brawner rule overturned the Durham Rule, which was overly…… [Read More]

Australian Company Laws

Company Law in Australia

Corporate governance related regulations in Australia are relatively similar to those in the United Kingdom. This is primarily because Australia's Corporations Act of 2001, which is the major corporate governance related regulations, has traditionally borrowed greatly from the United Kingdom company law, especially the Companies Act of 2006. Australia has relatively borrowed heavily from the United Kingdom company law as part of progress towards modernizing the country's statutes on corporate governance. Moreover, these attempts towards modernizing corporation statutes in Australia contributed to the development of a legal structure that currently comprises one national law, which is known as the 2001 Corporations Act. Similar to other Australian corporations laws, the Corporations Act 2001 is administered by the Australian Securities and Investments Commission, which is the national regulatory authority. There are several differences between corporations laws in Australia and those in the United Kingdom despite the heavy borrowing…… [Read More]

Employment Laws in the United Kingdom

The author of this report will offer a summary of two important laws and regulations when it comes to employment in the United Kingdom. Those two pieces of law will be the Employment Rights Act of 1996, commonly known as ERA 1996, and the Equality Act of 2010, commonly known as the EA 2010. For both laws, the particulars, specifics and common requirements for all parties involved, both employee and employer, will be covered. While the two laws covered in this report were pass nearly a generation apart, both of them hold a very important place in the employment law paradigm in the United Kingdom.
Employment Rights Act of 1996

Scope & Summary

There are several important requirements and regulations when it comes to the Employment Rights Act of 1996. When an employee starts work with an employer, they are obligated to get a summary of terms and requirements. As…… [Read More]

criminal law cases analysis

State v. Stark (1992)

Mr. Stark was the defendant in this case which concerned her action of infecting three women with HIV sexually. He tested positive for HIV, which was then confirmed twice by doing two other independent tests. As an ordinary procedure, Stark was taken through counseling sessions to make him aware of the risk involved in handling HIV. He was informed about the risk of the disease spreading and the importance of making his partner aware before having any sexual escapades with her. However, he disregarded this advice and this came to the knowledge of the county health officer who sought a cease and desist order as allowed by the state statute. Stark did not comply. The officer then asked for judicial enforcement and later filed a police report about the matter.

The police obtained evidence in form of testimony from the three victims who confirmed that they…… [Read More]

Ethics Law

Legal Ethics Surrounding the Love Canal Tragedy

Love Canal Law/Ethics

In 1979, the U.S. Environmental Protection Agency (EPA) filed a lawsuit against Hooker Chemical Company and its parent corporation, Occidental Petroleum (EPA, 1979). The Department of Justice (DOJ), acting on behalf of the EPA, charged these corporations with creating an imminent and substantial danger to health and the environment, by violating the esource Conservation and ecovery Act, Clean Water Act, Safe Drinking Water Act, efuse Act, and the common law of nuisance. In 1995, 16 years after the suit was filed, Occidental agreed to pay the requested amount for cleanup and resident relocation costs (DOJ, 1995).

Congress reacted to the environmental and health disaster by enacting Superfund legislation, which contained a provision making polluters retroactively liable. However, the concept of retroactive liability has been a source of controversy for legal and ethical reasons. This essay will examine the legal/ethical issues…… [Read More]

UK Law and Punishment

Sentencing, and Punishment

England and Wales work on an adversarial principle when it comes to law enforcement. The adversarial principle states that "that a person is not considered to be guilty of a crime simply on the word of a government official" or any other means other than a guilty verdict given by a court of law (Davies, 2000). Thus, when a suspect is arrested, arraigned, and questioned, he or she must be treated as if there is no guilty ruling on the case. This is meant to provide the best possible defense in a given scenario. In fact, "conviction in a court requires presentation of admissible evidence that convinces the fact finder -- a jury, in the case of serious crimes; for less serious crime, a stipendiary (professional and salaried) magistrate (renamed District Judges in 2000), or a panel of lay magistrates -- that the evidence demonstrates the guilt…… [Read More]